A manufacturing defects may occur in the construction or production of a product. A product has a manufacturing defect if (1) it differs from the manufacturer’s design or specifications (the product departs from its intended design) making it more dangerous than consumers expect it to be; and (2) the products that were manufactured or produced differently are from the same manufacturer and were intended to be identical.

Although manufacturing defects are relatively uncommon, if a product has a manufacturing defect, the manufacturer will be strictly liable in tort for damages caused by the defective product. This means the manufacturer will be liable even if the manufacturer exercised great care in manufacturing the product and was not negligent.

Products liability laws vary from state to state and may be in a state’s statutes or in its court opinions (also known as case law or common law).

In Delaware, as in many other states, a product is considered to have a manufacturing defect if it deviates from the manufacturer's intended design or specifications, making it more dangerous than expected by the consumer. If a product with a manufacturing defect causes harm, Delaware law holds the manufacturer strictly liable for any resulting damages. This strict liability means that the manufacturer is responsible for the harm caused by the defective product regardless of whether they exercised care or not during the manufacturing process. The basis for this liability is found in both Delaware statutes and case law, which together establish the legal framework for product liability claims in the state. Victims of defective products can seek compensation for their injuries without having to prove the manufacturer's negligence, simplifying the legal process for recovering damages.